Madhya Pradesh High Court
Gajendra Raghuwanshi vs The State Of Madhya Pradesh on 1 April, 2022
Author: Chief Justice
Bench: Ravi Malimath, Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 1st OF APRIL, 2022
WRIT PETITION No. 15864 of 2021
Between:-
GAJENDRA RAGHUWANSHI S/O SHRI
GANESHRAGHUWANSHI , AGED ABOUT 26
Y E A R S , OCCUPATION: EX GOVERNMENT
EMPLOYEE VILLAGE AND POST CHIKHLI KALA
TAHSIL MULTAI DISTT. BETUL (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI DEEPAK RAGHUVANSHI - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THR.
PRINCIPAL SECRETARY MINISTRY OF HOME
AFFAIRS DEPARTMENT VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)
2. ASSISTANT DIRECTOR GENERAL OF POLICE
(SELECTION) POLICE HEADQUARTER
DISTT.BHOPAL (MADHYA PRADESH)
3. SUPERINTENDENT OF POLICE HOSHANGABAD
DISTT.HOSHANGABAD (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI ROHIT JAIN- GOVERNMENT ADVOCATE)
This petition coming on for admission this day, Justice Dinesh Kumar
Paliwal passed the following:
ORDER
The petitioner has been found ineligible for the post of police constable 2 vide Annexure-P/1 dated 01.04.2021 addressed to Superintendent of Police, Hoshangabad by AIG Selection/ Recruitment Police Headquarter, Bhopal, the petitioner has challenged the aforesaid order and order dated 01.10.2018 whereby the appointment order dated 18.09.2018 about the appointment of petitioner as police constable has been cancelled.
On a perusal of impugned order, it is revealed that petitioner was selected as a police constable but during the course of character verification, it was found that three criminal cases are registered against him due to which his appointment was cancelled. In the meeting of Screening Committee, it was found that criminal cases i.e. Crime No.539/13 under Sections 409, 417, 419, 201, 420, 467, 468, 471, 120-B of Indian Penal Code and Section 65 of IT Act, Section 34 of M.P. Excise Act, Section 25, 27 of Arms Act and Section 3(d)1- 2/4 of Madhya Pradesh Manyata Prapt Pariksha Adhiniyam, 1937 are registered against him.
Consequently, the Screening Committee found him unfit for police constable and issued letter dated 01.04.2021 Annexure-P/1 to Superintendent of Police, Hoshangabad.
Against the order dated 18.09.2018 (Annexure-P/4) and Annexure-P/1, the petitioner has approached this Court and has sought relief of quashment of aforesaid orders Annexures-P/1 & P/4. As the petitioner has criminal background, Screening Committee has rightly found him unfit for appointment as a police constable because police force is a disciplined force. It shoulders the great responsibility of maintaining law and order and public order in the society. A candidate wishing to join the police force be a person of utmost rectitude. He must have impeccable character and integrity. A person having criminal antecedents cannot be said to be fit for the post of police constable.
3The charge sheets are pending against the petitioner. Therefore, no fault can be found in the impugned orders Annexures-P/1 and P/4 issued by the respondents.
Consequently, we are of the view that petitioner does not deserve any relief from this Court. Hence, the petition is dismissed accordingly.
(RAVI MALIMATH) (DINESH KUMAR PALIWAL)
Digitally signed
CHIEF JUSTICE JUDGE
b
by BIJU BABY
Date:
2022.04.06
14:51:47
+05'30'